Turkish courts decide custody by reference to the welfare of the child. Neither parent has a presumptive right, and the arrangement can be revisited when circumstances change.
How Custody Is Decided
The court considers the child's age and needs, the continuity of their environment, the capacity of each parent to provide care, and — where the child is of sufficient maturity — the child's own views. A social investigation report is commonly obtained.
Custody is usually awarded to one parent. Joint custody is not the default but has been recognised where the parents can co-operate and the arrangement serves the child.
Economic strength is not decisive on its own; the parent with the lower income may be awarded custody, with maintenance ordered against the other.
Personal Relationship
The parent without custody is entitled to a personal relationship with the child, and the arrangement is set out in the judgment: specified days, religious holidays and a period during school holidays.
Obstruction of the arrangement is enforceable. Persistent obstruction can be a ground for revisiting custody itself, and enforcement proceedings for the delivery of the child are available.
Child Maintenance
Maintenance for the child continues until majority and, where the child continues in education, may extend beyond it. The amount is fixed by reference to the child's needs and the parents' means.
An annual increase clause should be requested in the judgment; without one, an action to increase the amount must be brought separately. Non-payment is enforceable and, in defined circumstances, carries a coercive sanction.
Removal of a Child Abroad
Where a child habitually resident in Turkey is taken abroad, or retained abroad, without the consent of the other parent, the Hague Convention on the Civil Aspects of International Child Abduction may apply. Turkey is a party.
Applications are made through the central authority — in Turkey, the Ministry of Justice — and are directed to the child's return, not to a decision on custody. Time is critical: the passage of more than one year opens a defence based on the child's settlement in the new environment.
Taking a child abroad without consent may also engage the criminal law.
Frequently Asked Questions
No. There is no presumptive right; the court decides by reference to the welfare of the child, although very young children are often placed with the primary carer.
Yes. Custody may be revisited where circumstances change materially.
The arrangement is enforceable, and persistent obstruction may be a ground for revisiting custody.
An application under the Hague Convention may be made through the Ministry of Justice. Delay weakens the application, particularly beyond one year.